Saturday, September 20, 2014

What is a valid CR2A? My ex and I exchanged emails and modified child support, but never signed. I subsequently lost employment and defaulte...

Question

What is a valid CR2A? My ex and I exchanged emails and modified child support, but never signed. I subsequently lost employment and defaulted. She argues the emails are a valid CR2A, and the commisioner seems to support that!



Answer

As you can see from CR 2A states:

No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing and subscribed by the attorneys denying the same.

So the question is: was it (1) made and assented to in open court on the record or (2) entered in the [court] minutes, or (3) in writing AND signed by your attorney [or, probably, by you]. It looks to me like the signature is critical (and you could also argue that the must be an attorney signature and not just the party).

Nevertheless, GR 30 has specific requirements for electronic signatures and I doubt if your email meets that requirement. If you are within 10 days of the commissioner's ruling, file a motion for reconsideration. This is an issue you should win unless you made an electronic signature that complies with the rule.



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